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Steve McBrady

Steve McBrady is a partner in Crowell & Moring’s Government Contracts Group and resident in the firm’s Washington, D.C. office. Steve represents clients on a wide range of federal, state, and international government procurement matters, including compliance counseling, DCAA audits and internal investigations, and cost allowability issues under the FAR cost principles and the Cost Accounting Standards. Steve regularly represents clients in litigation before the boards of contract appeals, state and federal courts, arbitration panels, and state-level contract appeals boards. He has represented clients in matters involving the government’s breach of contract, claims for contract changes, termination for default, termination for convenience, Truth in Negotiations Act (TINA) compliance and defective pricing, contract negotiations, indemnification under Public Law 85-804, and government claims involving the Cost Accounting Standards and the allowability of contractor costs. In 2013 and 2014, Steve was recognized as a Washington, D.C. “Rising Star” by Super Lawyers Magazine for his government contracts and international work.

By Steve McBrady and Daniel Wierzba on July 7, 2017 Posted in Claims,Cost/Cost AccountingContractors that use a fiscal year ending 12/31 submit their annual cost submissions in June of the following year. For 2010 incurred cost submissions (ICS) submitted in June 2011, many contractors may receive affirmative claims from the Government seeking to disallow some or all of those incurred costs, because the Government has a 6-year statute… Continue Reading

By Steve McBrady, Peter J. Eyre and Adelicia R. Cliffe on June 21, 2017 Posted in WebinarPlease join us on June 27, 2017 for a lunchtime panel discussion regarding “Government Contracts M&A in 2017: Challenges and Opportunities on the Horizon.” During this program, moderated by Peter Eyre, a panel of industry, private equity, law firm, and government representatives will tackle key considerations for buyers and sellers to take into account when structuring… Continue Reading

By Steve McBrady, Skye Mathieson, Laura Baker and Charles Baek on June 19, 2017 Posted in Claims,WebinarOn June 14, we presented a webinar titled “Frequently Asked Questions About Requests for Equitable Adjustment and Contract Disputes Act Claims.” The webinar featured some of the most common questions we encounter in the field regarding CDA claims and REAs, as well as a discussion of procedural, substantive, and business considerations that go into the decision… Continue Reading

By Steve McBrady, Skye Mathieson, Charles Baek and Laura Baker on May 30, 2017 Posted in Claims,EventsJoin us for a webinar titled “Government Contracts Recovery: ‘Frequently Asked Questions’ About Requests for Equitable Adjustments and CDA Claims.” During the 60-minute webinar, a team of claims professionals from C&M’s Government Contractor Recovery Practice will address some FAQs that arise in the context of contractor claims / REAs, and solicit audience questions, as we… Continue Reading

By Steve McBrady on May 16, 2017 Posted in Cybersecurity,EventsPlease join us for an evening of conversation and cocktails while our panelists from the commercial, industrial, government contracting, higher education, and insurance arenas discuss critical emerging cyber security issues. From the dark web, to cyber pitfalls, cybersecurity policy and legislation, and how to ensure a secure future, our panel discussion will explore the rapidly… Continue Reading

By Angela B. Styles, Steve McBrady, Trina Fairley Barlow, David J. Ginsberg and Elizabeth Buehler on April 25, 2017 Posted in WebinarJoin us today for our webinar Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations. The Trump administration published two contract solicitations for the design-build of a “border wall” between the U.S. and Mexico. The RFPs (linked here and here) contemplate a multiple-award, multiple-phase approach for acquiring prototypes and, eventually, full construction. A team… Continue Reading

By Steve McBrady, Skye Mathieson and Charles Baek on January 30, 2017 Posted in Legal DevelopmentsThe Armed Services Board of Contract Appeals published its FY16 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. This year’s report once again reflects the… Continue Reading

By David B. Robbins, J. Chris Haile and Steve McBrady on January 26, 2017 Posted in Legal DevelopmentsMany companies who work with government agencies are concerned this week as several news outlets have run stories about contract and grant “freezes” at the Environmental Protection Agency and potentially at other agencies. The new administration has provided few details about the freezes, their objectives, the programs affected, or whether there are more to come. … Continue Reading

By Steve McBrady, Skye Mathieson, Charles Baek and Laura Baker on January 9, 2017 Posted in ClaimsABS Development Corp. (ASBCA Nov. 17, 2016) highlights the importance of providing a fully-compliant certification for CDA claims over $100,000—which includes, according to the Board, the requirement for contractors to provide an identifiable and verifiable handwritten signature or digital e-signature. As the contractor in ABS discovered, the Board considers “typewritten” signatures, regardless of font, to… Continue Reading

By Steve McBrady, Kris D. Meade, David B. Robbins, Jason M. Crawford and Laura Baker on October 26, 2016 Posted in Labor & EmploymentAfter a U.S. district court issued a preliminary injunction enjoining implementation of the “Fair Pay and Safe Workplaces” final rule (discussed here), OFPP issued a Memorandum for Chief Acquisition Officers on October 25 instructing federal agencies to refrain from implementing the enjoined portions of the final rule, and to “immediately” amend any solicitations containing such… Continue Reading

By Steve McBrady, David B. Robbins, Jason M. Crawford and Laura Baker on September 22, 2016 Posted in Labor & EmploymentStarting on October 25, many new solicitations will contain the new clauses required under the Fair Pay and Safe Workplaces Final Rule. These new clauses will impose significant new compliance and reporting obligations on federal contractors (and eventually on subcontractors). In a “feature comment” published in the Government Contractor, C&M attorneys provide an overview of… Continue Reading

By Steve McBrady, Kris D. Meade, David B. Robbins, Jason M. Crawford and Laura Baker on September 9, 2016 Posted in Labor & EmploymentMany federal government contractors and subcontractors have expressed valid concerns about the new “Fair Pay and Safe Workplaces” final rule (and accompanying Department of Labor guidance), which among other things will require companies bidding on covered contracts and subcontracts to disclose “administrative merits determinations,” “arbitral award or decisions,” and “civil judgments” rendered against the company… Continue Reading

By Steve McBrady, Kris D. Meade, David B. Robbins, Jason M. Crawford and Laura Baker on September 2, 2016 Posted in WebinarOn Wednesday, September 7th, 2016 at 12 PM Eastern, join us for a webinar titled “Fair Pay and Safe Workplaces” Final Rule and Guidance: What You Need to Know. During this 90-minute webinar, a team of Crowell & Moring government contracts and labor & employment attorneys will discuss how contractors bidding on contracts covered by… Continue Reading

By Steve McBrady on May 18, 2016 Posted in Legal DevelopmentsThe Prompt Payment Act requires the government to pay an interest penalty when it fails to make a payment by the required payment date. But, for CDA statute of limitations purposes, when does that penalty claim accrue? This issue was addressed in the recent Public Warehousing Co. (May 2, 2016) decision, where the Board held… Continue Reading

By Steve McBrady and Laura Baker on May 17, 2016 Posted in Legal DevelopmentsIn L-3 Commc’ns (Apr. 25, 2016), the ASBCA dismissed as moot the appeals of two final decisions that the contractor had argued were barred by the CDA statute of limitations when the cognizant ACOs rescinded the final decisions after the contractor had appealed. The board held that, although the COs had not yet agreed to… Continue Reading

By Steve McBrady on May 16, 2016 Posted in Cost/Cost Accounting,EventsThe past twelve months have seen major developments on cost and pricing issues relevant to the “top of the ledger” – as well as the bottom line. On May 26, 2016, at 11:00 am -12:00 pm, Crowell & Moring attorneys Terry Albertson, Steve McBrady, Rob Burton, and Skye Mathieson will highlight some of the most… Continue Reading

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Fastest 5 Minutes, The Podcast Government Contractors Can’t Do Without

The "Fastest 5 Minutes, The Podcast Government Contractors Can't Do Without," is hosted by Partners Peter Eyre and David Robbins of Crowell & Moring's Government Contracts Group. This podcast provides a biweekly summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

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About The Government Contracts Legal Forum

The Government Contracts Legal Forum is dedicated to addressing real-time, cutting edge developments in government contracting. Our attorney authors are part of one of the largest practices with a 40-year history. Our lawyers are bar and industry leaders, and our practice is widely recognized as the best in the business. In describing the practice, Chambers USA stated that "[t]his stellar group is widely respected for its deep bench and broad experience." We advise a broad range of clients, from privately held businesses to multinational, publicly-traded Fortune 100 corporations, as well as small non-profits, academic institutions, and emerging research and development enterprises. Our experience covers virtually every aspect of the increasingly complex and heavily regulated government contracts and grants process, from entering the government marketplace and bidding on public contracts to complying with complex regulatory regimes and performing contracts, litigating disputes, and handling terminations. Whether your company is competing for its first government contract or grant, or has a long history of working with dozens of agencies, Crowell & Moring's Government Contracts Group can provide consistent and comprehensive guidance and support to help foster growth and success, as well as get — and keep — companies out of hot water. If we can be of service to you, please contact one of the Government Contracts Group co-chairs, Angela Styles or Dan Forman.